- Law Clerk to the Honorable Kenneth F. Ripple of the U.S. Court of Appeals for the Seventh Circuit
J.D., Northwestern University School of Law, 2010
- Magna cum laude
- Order of the Coif
- Awarded the Raoul Berger Prize for Outstanding Senior Research
- Managing Colloquy Editor of the Northwestern University Law Review
University of Notre Dame, 2003
- Summa cum laude
- Phi Beta Kappa
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Southern District of Illinois
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eleventh Circuit
Daniel D. Birk is a partner at Eimer Stahl LLP. Dan focuses his practice on antitrust litigation and other complex civil and criminal matters and has extensive experience representing clients in nationwide class actions and federal grand jury price-fixing investigations and before the Federal Trade Commission. Dan has taken a lead role in the defense of several large antitrust class actions and has prepared multiple appellate briefs and a petition for a writ of certiorari to the U.S. Supreme Court. Dan also counsels clients on data privacy and information governance matters and in developing innovative strategies for the efficient management of large-scale discovery projects. In Edwards v. National Milk Producers Federation, he helped Eimer Stahl pioneer one of the earliest federal court orders granting the use of predictive coding technology in electronic discovery.
Dan has published articles on the jurisdiction of the federal courts in the Harvard Law Review and the Yale Law Journal and an article on mutual fund fee litigation in the Northwestern University Law Review. He is a contributor to the American Bar Association's Antitrust Section and a member of the Sedona Conference, an e-discovery think tank. Before attending law school, Dan taught English at high schools in Brooklyn, New York and Vienna, Austria.
- In re Auto Body Shop Antitrust Litigation (M.D. Fla. MDL No. 2557): representation of an insurance company in multidistrict antitrust litigation; Obtained dismissal of Sherman Act allegations for failure to state a claim.
- In re Dairy Farmers of America, Inc. Cheese Antitrust Litigation (N.D. Ill. MDL No. 2031): representation of a multinational dairy company in a multidistrict class action alleging an antitrust and commodity manipulation conspiracy; the district court granted summary judgment on the merits of all claims. The court of appeals affirmed.
- United States v. CITGO Petroleum Corporation (5th Cir. No. 14-40128): representation of CITGO Petroleum Corporation in its appeal of a Clean Air Act prosecution; court of appeals reversed and directed the district court to enter a judgment of acquittal.
- Edwards v. National Milk Producers Federation (N.D. Cal. No. 11-cv-04766); First Impressions v. National Milk Producers Federation (S.D. Ill. No. 13-cv-00454): representation of Land O’Lakes, Inc. in federal and state law antitrust class actions alleging that dairy farmers and cooperatives engaged in a conspiracy to limit the supply of milk.
- In re Steel Antitrust Litigation (N.D. Ill. No. 08-cv-05214): representation of a multinational steel company in federal and state law antitrust class actions alleging that steel manufacturers engaged in a conspiracy to reduce steel production. Obtained dismissal of indirect purchaser claims for lack of antitrust standing.
- Dan Birk quoted in The Recorder article, "Google's 'Art Selfie' Move Highlights Escalating Legal Battle Over Biometrics"January 24, 2018
- Dan Birk quoted in Wired article, "Government Move to Bock AT&T Merger Bodes Ill for Tech"November 21, 2017
- Dan Birk quoted in Variety article, "AT&T-Time Warner Merger: Is the Battle With DOJ, or President Trump?"November 8, 2017
- Dan Birk quoted in Bloomberg Law: Privacy & Data Security article, "Biometric Workplace Privacy Suits Erupt in Illinois State Court"October 25, 2017
- Dan Birk quoted in The Cybersecurity Law Report article, "Focus on Children’s Privacy by FTC and Plaintiffs Calls for Prioritizing COPPA"September 13, 2017
- Dan Birk and Debbie Reynolds quoted in Legaltech News article, “Plantronics Case: Limited Options, High Liability When Deleting Discoverable Content”August 30, 2017
- Dan Birk quoted in Chicago Tribune article, “Under Sinclair, WGN Could Be 'Chicago's Very Own' No More”August 10, 2017
- Dan Birk quoted in Law360 article, “NJ Justices Underscore Limits To Blocking Discovery Bids”July 26, 2017
- Dan Birk quoted in The Recorder article, “3 Ways Antitrust Law Could Collide With Big Data”June 20, 2017
Seminars & Speaking Engagements
- U.S. Antitrust Merger Enforcement: Current Trends in Market DefinitionApril 24, 2017
- Internal Investigations: Midwest Corporate Counsel & Compliance ForumNovember 2016
- Impacts on eDiscovery in US LitigationJune 2016
- Hugh and Hazel Darling Foundation Originalism Works-in-Progress ConferenceFebruary 20, 2015
- Predictive Coding for the Rest of UsJanuary 14, 2014
- Voluntary (Non-Contentious) Jurisdiction Around the World, V.V. Argounov, Chapter IV of Section III—Non-Contentious Jurisdiction in the Courts of the United States, Daniel D. Birk (contributing co-author)2017
- How Privacy Protections and Data Are Changing Antitrust in Tech, Bloomberg BNA Antitrust & Trade Regulation Report, Dan Birk and Debbie ReynoldsJuly 2017
- Article III Judicial Power, the Adverse Party Requirement, and Non-Contentious Jurisdiction, 124 Yale Law Journal 1346, Daniel D. Birk, James E. PfanderJanuary 2015
- Annual Review of Antitrust Law Developments, Chapter XIII—General Exemptions and Immunities, American Bar Association, Daniel D. Birk (contributing author)2012
- Article III and the Scottish Judiciary, 124 Harvard Law Review 1513, Daniel D. Birk, James E. Pfander(2011)
- Jones v. Harris Associates, L.P. and the Limits of Public Choice Textualism, 104 Northwestern University Law Review 1587, Daniel D. Birk2010
- Proof of Conspiracy Under Federal Antitrust Laws, Chapter VII—Summary Judgment in Conspiracy Cases, Chapter VIII—Economic Expert Testimony (2010 - 2015 editions), American Bar Association, Daniel D. Birk (contributing author)2010
- Class Actions and Multidistrict Litigation
- Complex Litigation
- Counseling and Compliance
- Criminal Actions and Government Investigations
- Criminal Actions and Government Investigations / Antitrust
- Environmental, Products Liability and Toxic Torts
- Individual and Class Civil Litigation
- Internal Investigations and Corporate Governance
- Mergers and Acquisitions